News & Analysis as of

Causation Damages

A&O Shearman

Breach it and weep: deemed fulfilment ain’t fictional

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The Court of Appeal has held that a party who prevents a condition precedent to their obligation to pay from being met cannot rely on the unfulfilled condition to escape their liability in debt....more

Bass, Berry & Sims PLC

Seventh Circuit Upholds FCA Judgment Against Constitutional Challenge, Avoids Causation Circuit Split

On May 2, the U.S. Court of Appeals for the Seventh Circuit affirmed a False Claims Act (FCA) trial verdict in part, holding that the judgment was not constitutionally excessive under the Eighth Amendment....more

Searcy Denney Scarola Barnhart & Shipley

The Impact of Pre-Existing Conditions on Personal Injury Claims in Florida

If you’ve suffered any type of personal injury that leaves you with large medical bills, lost wages, pain and suffering, and other damages, you may be able to file suit against the insurance company of the negligent party....more

McGlinchey Stafford

FDUTPA Dismissal: Implications for Non-Consumer Plaintiffs

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On April 4, 2024, the Middle District of Florida dismissed a non-consumer plaintiff’s Florida Deceptive and Unfair Trade Practices Act (FDUTPA) claim for failure to plead injury to consumers. This ruling underscores the...more

DRI

[Event] Senior Living and Long-Term Care Litigation Seminar - September 18th - 20th, Chicago, IL

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The premier senior living and long-term care litigation seminar returns to Chicago on September 18-20! Join us at the Hyatt Regency, just steps from the Chicago River Walk, for an event tailored specifically for defense...more

J.S. Held

Exploring Wood-Framed Roof Collapses: Causation and Identifying Responsible Parties

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AN OVERVIEW OF THE CAUSES OF ROOF FAILURE - Collapses of wood-framed roofs are frequently reported in North America, ranging from simple agricultural roofs to complex roofs in industrial buildings. Controllable factors...more

Bradley Arant Boult Cummings LLP

False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department...more

CDF Labor Law LLP

A New and Challenging Obstacle for California Employers’ Use of Experts in State Courts

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Employers litigating cases in California courts face many obstacles. Summary judgment has become increasingly difficult for employers. Criminal cases take precedent and often cause trial postponements, resulting in civil...more

Snell & Wilmer

The Prevalence and Challenges of Loss of Productivity Claims in Today’s Construction Industry

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Losses of labor productivity issues and claims seem to have taken on more prominence in the last few years due to labor shortages, material shortages, and the quickly changing economics and supply change issues affecting the...more

Bass, Berry & Sims PLC

False Claims Act Decisions to Know from Q3 2023

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Below are noteworthy False Claims Act (FCA) decisions from the third quarter of 2023. The main issues in the cases are: Materiality. The Fourth Circuit held that a pharmacist’s efforts to falsify patient eligibility...more

Jenner & Block

Client Alert: Fifth Circuit Guidance for Newly-Offered Expert Opinions and the Concurrent Causation Doctrine in Insurance Coverage...

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The United States Court of Appeals for the Fifth Circuit’s recent opinion in Majestic Oil, Inc. v. Certain Underwriters at Lloyd's, London Subscribing to Policy Number W1B527170201, No. 21-20542 (5th Cir. Mar. 17, 2023),...more

Latham & Watkins LLP

European Commission Proposes Reform on Liability Rules for Artificial Intelligence

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The directives aim to assist claimants in proving the causation of damages and product defectiveness in complex AI systems, creating legal certainty for providers. On 28 September 2022, the European Commission issued two...more

McDermott Will & Emery

Stormy Weather Ahead: Lack of Causation Evidence Rains Out Appeal

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The US Court of Appeals for the Tenth Circuit found that a trade secret owner lacked “non-speculative and sufficiently probative evidence of a causal nexus between Defendants’ alleged bad acts and [the trade secret owner’s]...more

Burns & Levinson LLP

Can You Contract Away Chapter 93A Liability?

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Massachusetts General Laws Chapter 93A is one of the most potent weapons in any business litigator’s arsenal. That statute prohibits deceptive or unfair acts or practices in the course of trade or commerce, and it allows for...more

Jaburg Wilk

An Inadequate Investigation Exposes Arizona Insurers to Bad Faith Only If the Insured Proves Additional Investigation Would Have...

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Plaintiffs often allege an insurer breached the duty of good faith and fair dealing by conducting an unreasonable and/or an inadequate investigation. But, Arizona courts have held for over 30 years that an insurer’s...more

Bradley Arant Boult Cummings LLP

False Claims Act - 2021 Year in Review

The year 2021 marks the 10th anniversary of the Bradley False Claims Act Year in Review. In that decade, much has remained the same in FCA enforcement. To start with the obvious: It continues to result in billions of dollars...more

Smart & Biggar

FCA upholds reconsideration decision maintaining $100M+ award against Apotex for cefaclor patent infringement

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Update: On September 28, 2021, Apotex applied to the Supreme Court of Canada for leave to appeal (Docket No. 39851).  On July 23, 2021, the Federal Court of Appeal (FCA) dismissed Apotex’s appeal of the Federal Court’s (FC)...more

Searcy Denney Scarola Barnhart & Shipley

How to Win a Florida Wrongful Death Case

Wrongful death is defined as a death caused by the wrongful act of another, either accidentally or intentionally. A wrongful death lawsuit is a civil claim filed by the personal representative of the deceased person’s estate....more

King & Spalding

Quantum Quarterly – Issue 12 – 4 Quarter 2020

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Claimant is an Australian joint venture between Chile’s Antofagasta plc and Canada’s Barrick Gold Corporation. In 2006, Claimant became a party to a joint venture agreement between it and the Government of Balochistan with...more

Searcy Denney Scarola Barnhart & Shipley

The “Four D’s” of Medical Malpractice

“Medical malpractice” occurs when patients are harmed by doctors or some other medical professionals who fail to competently perform their medical duties. Medical malpractice rules, such as those related to notifying the...more

Troutman Pepper

Fiduciary Duty Of Disclosure Does Not Apply To Individual Transactions With Equityholders

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In Dohmen v. Goodman, the Delaware Supreme Court declined to impose an affirmative fiduciary duty of disclosure on a general partner arising out of the general partner’s solicitation of capital contributions from a limited...more

Verrill

What will COVID-19 Liability Litigation Look Like for Consumer Facing Businesses?

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The short answer is, no one knows right now because the issues arising from COVID-19 are extraordinarily rare and distinguishable from more typical claims against retail, restaurants, and similar consumer facing businesses....more

Lewitt Hackman

Franchisee 101: The (Ice Cream) Cart Before the Rescission

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A federal court in Cleveland rejected a California franchisee’s claim that an Ohio-based ice cream franchisor violated the California Franchise Investment Law (CFIL). The claim failed because the franchisee could not show it...more

Carlton Fields

Damages for Reps and Warranties Breaches

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When one party to an M&A agreement alleges that the other breached its representations and warranties, the damages analysis can be complex, depending on the terms of the agreement. Generally, a claim for indemnification due...more

Nutter McClennen & Fish LLP

Product Liability 2019 Year in Review

Massachusetts state and federal courts issued a number of important product liability decisions in 2019. The Product Liability practice group at Nutter recently reviewed these cases. Highlighted below are some of the key...more

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